Blog Viewer

COVID-19 Employee Notification Bill Continues to Move Through Legislature

By Dillon Gibbons posted 08-10-2020 06:29 AM

  

Last week, AB 685 (Reyes) related to employee notification of potential COVID-19 exposure, passed out of the Senate Labor, Public Employment, and Retirement Committee with a commitment from the author to take significant amendments to address some employer concerns. As currently drafted, while well intended, the bill would be extremely challenging for employers to comply with and creates significant risk for litigation. The bill currently requires employers to take all of the following actions within 24 hours after the employer knew or reasonably should have known of COVID-19 exposure to the employee:

1. Provide a notice to all employees at the worksite where the exposure occurred that they may have been exposed to COVID-19. This notification shall be, at a minimum, in writing in both English and the language understood by the majority of the employees. Employers shall also make every reasonable effort necessary to notify workers verbally.

2. Notify the exclusive representative, if any. This notification shall be, at a minimum, in writing in both English and the language understood by the majority of the employees. Employers shall also make every reasonable effort necessary to notify the exclusive representative verbally.

3. Notify all employees and the exclusive representative, if any, of options for exposed employees including COVID-19-related leave, company sick leave, state-mandated leave, supplemental sick leave, or negotiated leave provisions.

4. Notify all employees and the exclusive representative, if any, on the cleaning and disinfecting plan that the employer plans to implement prior to resuming work.

5. Notify the Division of Occupational Safety and Health, pursuant to subdivision (b) of Section 6409.1, of the number of employees by occupation with a COVID-19 positive test, diagnosis, order to quarantine, or death that could be COVID-19 related.

6. Notify the California Department of Public Health and the appropriate local public health agency of the number of employees by occupation with a COVID-19 positive test, diagnosis, order to quarantine, or death that could be COVID-19 related.

This bill applies to all employers but creates even greater challenges for public employers than private employers. This bill envisions a traditional small office environment where exposures can truly be limited. However, it does not contemplate first responders or hospital employees and those districts that have significant interaction with the public. As a result, if this bill is signed into law in its current form many of our special districts will be notifying all of their employees on a daily basis of potential exposures.

The author of the bill, Assembly Member Eloise Reyes (D – San Bernardino), recognizes some of the challenges with the application of AB 685 and has committed to addressing the issues in order to keep the bill moving forward. The Assembly Member committed to clarifying the trigger of notice, and what is meant by "should have known", addressing feasibility of notice (written and verbal), clarifying and addressing privacy concerns, and perhaps most significantly that the exposure must happen at the worksite, or at least not socially.

While CSDA remains opposed to the bill and are requesting the public agencies be removed from the provisions of the bill, we are simultaneously working with a broad coalition of employers, including the California Chamber of Commerce, on reviewing and suggesting amendments that would make the bill more workable. The most up to date information regarding AB 685 amendments will be sent out through CSDA’s Advocacy News Community. If you haven’t already signed up to receive those email updates, at a frequency of your choosing, please do so by clicking here and join the Advocacy News Community.


#AdvocacyNews
#Advocacy
#HumanResources
#Workers' Comp
#WorkplaceSafety
#COVID-19
0 comments
14 views

Permalink